International Conference on The State, Law, Politics & Democracy (ICon-SLPD)
The International Conference on State, Law, Politics & Democracy (ICON SLPD) is an international proceeding organized once a year by the law faculty of a pamulang university, it is a forum for academics, researchers, and practitioners from various countries related to state, law, politics, and democracy. ICON SLPD aims to create productive discussions among various relevant parties in the fields of the study and practice of law, politics, and the theory and application of democracy. This dissemination article is expected to impact the novelty of ideas and innovations and answer the challenges in the fields of law, politics, and democracy faced by countries and the global society.
Retroactive Principles In The Indonesia Singapore Extradition Treaty, What Impact It Has On The Eradication Of Corruption In Indonesia
The 2022 extradition treaty between Indonesia and Singapore, with its retroactive basis, is the main focus in the context of law enforcement, especially in efforts to eradicate corruption in Indonesia. The retroactive principle includes the ability of an extradition treaty to permit the extradition of a person for a criminal offence committed before the treaty entered into force. In the context of combating corruption, the existence of retroactive principles can have significant implications. This study aims to analyze the impact of the retroactive principle in the 2022 Indonesia-Singapore extradition treaty on efforts to eradicate corruption in Indonesia. Through a normative legal analysis approach, this study examines the provisions contained in the extradition treaty and their relevance in the context of corruption law enforcement. The results of the analysis show that the existence of retroactive principles in the 2022 Indonesia-Singapore extradition treaty can have a complex impact on efforts to eradicate corruption in Indonesia. While the ability to extradite perpetrators of corruption crimes for acts committed before the treaty came into force may improve the effectiveness of law enforcement, it also raises ethical questions and legal fairness regarding the application of retroactive penalties. This study concludes that the retroactive principle in the 2022 Indonesia-Singapore extradition treaty has significant implications for efforts to eradicate corruption in Indonesia. Therefore, it is important for governments and relevant stakeholders to conduct a thorough evaluation of the impact of such provisions, as well as consider the necessary measures to ensure that law enforcement remains effective while taking into account the principles of justice and human rights.
Restorative Justice Principles Serve as the Foundation of Criminal Justice Proceedings
Restorative justice offers the opportunity for criminal resolution through mediation between victims and offenders via family group discussions and community-based services. The implementation of restorative justice principles relies on a country's chosen legal framework. While it may not be the primary system, integrating restorative justice principles can still enhance justice, certainty, and the effectiveness of the law. In Indonesia, law enforcement faces numerous unresolved issues, particularly concerning criminal cases within society. The expected fairness from law enforcement remains elusive for many Indonesians. Additionally, the country's criminal justice system lacks adequate provisions for victim support, often sidelining their needs in favor of focusing solely on perpetrators. Protecting victims' rights is integral to upholding human rights standards; thus, ensuring their rights are safeguarded is paramount. In Indonesia's current system, victims often receive less protection compared to suspects, highlighting the need for a more balanced approach. Progress towards justice for both victims and perpetrators requires law enforcement to adopt a progressive mindset, allowing flexibility in rule interpretation to better align with societal justice expectations, as the law is not merely a set of texts but a tool for achieving desired justice outcomes. in a country that does not adhere to restorative justice because it does not rule out the possibility of applying a principle of restorative justice to obtain justice, certainty and benefits in law enforcement because it cannot resolve a problem in cases of criminal acts by one party against another to fulfill a sense of justice. for law enforcement that the public cannot yet experience in the criminal justice system in Indonesia. Implementing Restorative Justice will ensure that criminals will not repeat crimes in the future. Because progressive law is a law made by humans, institutions that make regulations must reflect an integration that reflects justice so that the law that is formed is expected to be right on target and create justice and order that is desired by victims and the community, a legal state that is transparent and creates a belief in the country in implementing restorative justice
The Relevance Of Electronic Know Your Customer As The Principle Of Customer Identification For Notaries In Creating Authentic Deeds As Efforts To Prevent Money Laundering Crimes
Notaries not only have the authority to create authentic deeds but also have the authority to identify their users through EKYC as part of anti-money laundering efforts. The purpose of this article is to explore the relevance of implementing the principle of identifying users in accordance with Minister of Law and Human Rights Regulation No. 9 of 2017 on the authority of notaries and its legal consequences. According to the author, notaries who do not implement this principle through the EKYC system could face legal consequences. This research adopts a normative approach. The results indicate that the authority of notaries to implement the principle of identifying users is granted by Minister of Law and Human Rights Regulation No. 9 of 2017, and the legal consequences for notaries who fail to implement this principle may include administrative sanctions under the Notary Law and lack of support for government programs on combating money laundering.
Impact Of Registration Of A Limited Company Without Minimum Authorized Capital: Analysis Of Perppu Number 2 Of 2022 Concerning Job Creation
This research is conducted using the normative juridical method and aims to analyse the impact of the enactment of the Perppu on the regulation of non-minimum authorized capital in the establishment of a limited liability company. The Perppu on Job Creation changes several important aspects of the Limited Liability Company Law, including the elimination of the minimum authorized capital requirement. While these changes are intended to ease the establishment of micro, small, and medium enterprises (UMKM) and adapt to economic and technological developments, there are concerns regarding their impact on creditor protection and public confidence in limited liability companies established without clear authorized capital. The results show that the lack of clarity regarding authorized capital may negatively impact the company's credibility, access to financing, and legal protection. This change can also reduce trust from external parties such as investors, creditors, and business partners, and create uncertainty among employees and management.
A Comparison Of The Inconsistency Of The Constitutional Court's Decision On The Lowest Age Limit For Presidential And Vice-Presidential Candidacy Based On Law Number 7 Of 2017 Concerning General Elections (Juridical Analysis Of The Constitutional Court's
At the beginning of the 21st century, there was a phenomenon in the world where courts became increasingly important in dealing with various issues of morality, public policy and political controversy. Through the judicial review process, the court plays a role as the main tool in resolving complex problems involving various aspects, such as individual rights and public policies such as the criminal justice system, trade, education, immigration and the environment. Indonesia, as a democratic and constitutional country, prioritises the principle of the rule of law based on the 1945 Constitution. This research highlights the Constitutional Court Decision No. 90/PUU-XXI/2023 concerning Age Limits for Presidential and Vice Presidential Candidates. Using a normative juridical approach, this research aims to explore the authority of the Constitutional Court in accordance with the state's legal basis. The author believes that this decision should be the authority of the legislature, not the jurisdiction of the Constitutional Court. This research also emphasises the importance of maintaining the independence and sovereignty of judicial institutions to prevent abuse of power and protect individual freedoms. The Constitutional Court is expected to maintain the balance of power and protect the rights of citizens. However, this decision is controversial because of the role of the Constitutional Court in the political context, and this research highlights that the Constitutional Court's authority should be limited to testing constitutionality. In conclusion, this research emphasises the importance of separation of powers and maintaining the independence of the judiciary to prevent abuse of power by the executive and legislature. Maintaining a balance between democratic principles and the power of state institutions in using and interpreting positive law is the focus of this research.
Legal Renewal On Internal Legal Protection Freedom To Express Opinions From A Public Perspective Legal State In Indonesia
Freedom to convey opinion is a right everyone is guaranteed in the constitution and laws, freedom conveys opinion in advance general aim as function control to the government. Which can done in a way written or in a way oral in advance general. Freedom to convey opinion is a characteristic of the rule of law. However, in practice, freedom conveys opinion in advance general Not yet in line with The rules there, still happens problem in enforcement law, so enforcement law in freedom conveys opinion in advance general throughout history in an incident resulting demonstration​ the emergence of good victims verbal violence, injuries, and deaths are not once finished. The method used​ is to study law normative with an approach study legislation data analysis from incident demonstration linked with enforcement law in conveying opinion in advance general. The results of the research show that enforcement law is not yet maximum, especially for the victims of incident demonstrations. There is a solution in a way law until complete and necessary exists the ideal concept of formation of new rules​, especially enforcement laws, and restrictions set time​ in the Constitution
Execution Of Court Rulings From The Perspective Of Islamic Justice
This research examines the execution of court decisions from the perspective of Islamic justice, with the aim of understanding how the principles of Islamic justice are applied in the modern justice system. Using qualitative research methods with a normative and juridical approach, this research analyzes various sources of Islamic law, including the Al-Qur'an, Hadith, and the opinions of ulama, to evaluate the suitability of the practice of executing court decisions in Indonesia with the values of justice in Islam. Research findings show that the execution of court decisions must reflect the principles of justice, expediency and legal certainty, as regulated in Islamic law. In addition, the implementation of the execution of decisions must consider aspects of humanity and propriety to achieve the ultimate goal of law in Islam, namely substantive justice. This research recommends reforms in the mechanism for executing court decisions so that they are more harmonious with the principles of Islamic justice, which include increasing transparency, accountability and protecting the rights of the parties involved.
Removal of Limited Liability of Shareholders of Limited Companies Through the Principle of Piercing The Corporate Veil
The limited liability of shareholders has been regulated in Article 3 paragraph (1) of the Company Law 2007 where the shareholders of the Company a r e not personally liable for the agreements made on behalf of the Company and are not responsible for the Company's losses exceeding the shares owned. However, this right is not absolute, considering the many bad intentions of shareholders in running the company, theprinciple of piercing the corporate veil is intended to prevent the abuse of legal protection given toshareholders based on the principle of limited liability. The method in this research is normative legal research method with the focus of the study discussing the doctrines or principles of law. The result of this research is based on the principle of piercing the corporate veil which eliminates limited liability into unlimited liability in a Limited Liability Company, this has also been regulated in Article 3 paragraph (2) of Law Number 40 of 2007 concerning Limited Liability Companies which states that in certain cases the possibility of eliminating limited liability is not closed. Shareholders assume the risk together with the Company to pay the Company's debts from the personal assets of the shareholders concerned.
Perspective on the Principle of Legal Certainty: Implications of Law Number 27 of 2002 Concerning Personal Data Protection for Banking Customers
This article discusses the impact of the Industrial Revolution 4.0 on Indonesia, particularly the widespread use of digital technology and data privacy and protection concerns. The recent ratification of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) is highlighted as a significant step towards addressing these concerns. It is emphasized that compliance with the PDP Law presents both challenges and opportunities for banking institutions in Indonesia, particularly in the context of cybercrimes. The principle of bank confidentiality is underscored as crucial in maintaining public trust, and the need for robust data protection measures, revised data collection and processing practices, and quick response and transparency in the event of data leaks is emphasized. Overall, the article stresses the importance of addressing these challenges and opportunities to ensure compliance with relevant laws and regulations while ensuring the security and protection of customer personal data.
Retroactive Principles in the Indonesia Singapore Extradition Treaty, What Impact It Has on the Eradication Of Corruption in Indonesia
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Initiating the Family Justice System in Indonesia as Part of the Indonesian Legal System
The Central Statistics Agency (BPS) noted that in 2023, as many as 463,654 divorce cases occurred in Indonesia. Meanwhile, the Religious Justice Agency pointed out that the majority of causes of divorce are Domestic Violence (KDRT). Unfortunately, the Religious Court does not have the authority to adjudicate domestic violence experienced by (the majority) of women who are in the process of divorce at the Religious Court. Women must take two paths: the Religious Court for their cases and the District Court for the domestic violence they experience. Likewise, for Non-Muslims, divorce is adjudicated by the District Court and is included in the scope of Civil. In contrast, the domestic violence experienced by them is included in the criminal scope even though it is still in the same court, namely the District Court. The complexity of the judicial system in Indonesia requires a new court institution, namely the family court.
Renewing Consumer Protection Laws in the Era of Society 5.0: Case Study of e-Commerce Transactions Related to Law Number 8 of 1999 Concerning Consumer Protection
Technological developments are changing the order of human values and life, one of which is in business trade. The need for laws that can guarantee the rights of parties in business in the current era of society, especially consumer protection, is increasing rapidly as problems become increasingly complex. However, the regulations governing consumer protection are regulations that were born long before digitalization. The aim of writing this article is to analyze and examine how consumer protection laws are being reformed in the current era of society 5.0 and to analyze whether consumer protection laws have accommodated the problems that occur in the digital business era. The research method used is normative juridical, empirical using the method of interviewing related parties, data collection was carried out through literature study, and data analysis was carried out qualitatively through deductive logical thinking. UUPK as a regulation that specifically regulates consumer protection was issued in 1999 before digitalization, so it does not regulate consumer issues in digital transactions. Even though consumers can use the ITE Law as a legal basis, the ITE Law does not yet technically regulate consumer protection, so it needs to be updated. against UUPK. Despite the limitations of Law Number 8 of 1999 in terms of resolving consumer disputes.
The Role of Arbitration Institutions as a Non-Litigation Alternative in Fair Business Dispute Resolution
Differences of opinion or disputes in the business context often occur, and Indonesia has an alternative dispute resolution institution, namely Arbitration. According to experts, Arbitration is one way of resolving disputes that involves the disputing parties to agree on choosing a judge, or judges who will make a decision, and the parties must also agree to respect the decision taken by the judge. Until now, the dominant dispute resolution, between the parties through the courts (litigation) even though alternative dispute resolution (non-litigation) has been regulated through laws and regulations. The implementation of the Arbitration Institution is based on the principle of non-litigious minded as the resolution of disputes, through deliberation and seeking peace between the parties so as to minimize hostility or resentment from the disputing parties. The problems of this research are first, How is the Implementation of Business Dispute Resolution through Arbitration in Indonesia, based on the Principle of Non-Litigious Minded. Second, How do the Parties Respect the Arbitration Decision on Business Dispute Resolution. This study uses a normative legal method which uses a literature study research data source that uses secondary data sources such as official documents, books, research reports, theses, dissertations, and laws and regulations related to the research object being studied. The legal materials collected, through literature review include: primary legal materials, secondary legal materials, and non-legal materials.
The Principle of Termination in Employment Contract: A Comprehensive Analysis of Indonesia Labour Law
This research aims to analyze the development of principles in the termination of employment relations that exist in the legislation regarding employment in Indonesia, and its impact on the legal protection of the right to job security for workers. The legal research method in this research is normative research using a historical approach to analyze the development of the principles of employment termination in the history of the existence of labor law in Indonesia starting from post-independence Indonesia, and explain how these developments affect legal protection for workers. The results of this study show that during the period of the enactment of the Civil Code at the beginning of Indonesian independence, there was no role of the state in regulating the principles of employment relations as a form of legal protection for workers. The development of the principles of employment termination guaranteed by the state began during the socialization process of labor law and is seen in the enactment of the Labor Law, the Labor Dispute Resolution Law, the Law on Termination of Employment in Private Companies, up to the Employment Law. The latest development seen in the enactment of the Job Creation Law has significantly degraded the application of the principles of employment termination and resulted in reduced legal protection for workers
Strengthening the Position and Role of the Prosecution Commission in Improving the Quality of the Prosecutor's Performance in the Field of Prosecution
This research aims to determine and analyze the duties of prosecutors in law enforcement, especially in the field of prosecution. Apart from that, we want to know the role of the prosecutor's commission in carrying out supervision in order to create professional prosecutors. The research method used is normative juridical by collecting secondary data through literature study. The results of the research show that there are various crimes committed by individual prosecutors in carrying out their duties as law enforcers, such as prosecutors accepting bribes, prosecutors being involved in corruption crimes and prosecutors being involved in narcotics crimes which ultimately results in law enforcement duties in the field of prosecution not being carried out optimally. The position and role of the prosecutor's commission in improving the quality of prosecutors' performance at the prosecutor's office will certainly be very necessary in creating professional prosecutors with integrity. There must be strengthening of the role, duties and responsibilities of the prosecutor's commission in order to create professional prosecutors
Omnibus Law at Model on Formulgatted of Law
This study focuses on the integrated legal model in lawmaking, considering how this approach can simplify and harmonize legal regulations in Indonesia. Omnibus law is a legislative method that combines several existing laws into one comprehensive law. This research uses a qualitative method with a descriptive analysis approach, using primary and secondary data from legal documents, government documents and interviews with legal experts. The research results show that consolidated laws can increase the efficiency of the legislative process by reducing redundancy and conflicts between different laws. In addition, this model can speed up the implementation of economic and investment policies by providing better legal certainty. However, the study also identified a number of challenges, including the potential for a lack of public participation in the legislative process and the risk of reducing the quality of hastily drafted regulations. In short, although omnibus laws offer a potential solution to simplify complex legal systems, strong oversight and participation mechanisms are needed to ensure that the legislative process remains transparent, comprehensive, and accountable. Recommendations from this study include increasing public participation and developing better standard procedures when designing comprehensive laws, to maximize their benefits while minimizing associated risks
Transformation of Punishment Paradigm: From Death Penalty to Probation
Punishment sanctions in Indonesia vary, the most highlighted is the death penalty. In the development of Indonesian criminal law, the death penalty became a long debate among various groups. Until finally in the normative development, the death penalty shifted to the probationary death penalty, which will turn into life imprisonment. This is certainly a middle ground regarding the long debate on the criminal sanction. This research is written with the aim of knowing, understanding, and analyzing the development of legal norms relating to the death penalty and probation in the Indonesian criminal justice system. With normative juridical research method. The point of this paper is that although the death penalty is legally recognized, the change to probation reflects a reflection of concerns over the risk of error and the enforcement of human rights.
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Inconsistency in the Indonesian Constitutional Court's Decision on the Lowest Age Limit for the Presidential and the Vice-Presidential Candidacy
At the beginning of the 21st century, there was a phenomenon in the world where courts became increasingly important in dealing with various issues of morality, public policy and political controversy. Through the judicial review process, the court plays a role as the main tool in resolving complex problems involving various aspects, such as individual rights and public policies such as the criminal justice system, trade, education, immigration and the environment. Indonesia, as a democratic and constitutional country, prioritises the principle of the rule of law based on the 1945 Constitution. This research highlights the Constitutional Court Decision No. 90/PUU-XXI/2023 concerning Age Limits for Presidential and Vice Presidential Candidates. Using a normative juridical approach, this research aims to explore the authority of the Constitutional Court in accordance with the state's legal basis. The author believes that this decision should be the authority of the legislature, not the jurisdiction of the Constitutional Court. This research also emphasises the importance of maintaining the independence and sovereignty of judicial institutions to prevent abuse of power and protect individual freedoms. The Constitutional Court is expected to maintain the balance of power and protect the rights of citizens. However, this decision is controversial because of the role of the Constitutional Court in the political context, and this research highlights that the Constitutional Court's authority should be limited to testing constitutionality. In conclusion, this research emphasises the importance of separation of powers and maintaining the independence of the judiciary to prevent abuse of power by the executive and legislature. Maintaining a balance between democratic principles and the power of state institutions in using and interpreting positive law is the focus of this research
Criminal Sanctions Related to Online Gambling in The Perspective of Law Number 1 Of 2024 Concerning Electronic Information and Transactions
This study provides a comprehensive analysis of the legal framework governing online gambling, with a focus on Indonesia's Law Number 1 of 2024 concerning Electronic Information and Transactions (EIT Law). The research highlights the stringent criminal sanctions imposed under the EIT Law to deter illegal online gambling activities, reflecting the government's commitment to maintaining public order and morality in the digital realm. The study also emphasizes the importance of continuous updates to the legal framework to address evolving technological challenges and the need for international cooperation in combating transnational online gambling networks. Overall, the findings underscore the significance of clear legal definitions and a harmonized international approach to effectively regulate online gambling activities. As technology continues to advance, proactive measures in updating legal frameworks are essential to ensure robust regulation and enforcement in the digital age.
Renewing Consumer Protection Laws in the Era of Society 5.0: A Case Study of e-Commerce Transactions
Implementation of Exceptions to the Prohibition of Abortion Based on Article 75 Paragraph (2) letters a and b of Law No. 36/2009 on Health and What are the Legal Consequences for Perpetrators of Abortion Crimes.
This paper aims to examine the extent of the implementation of exceptions to the prohibition of abortion based on Article 75 Paragraph (2) letters a and b of Law No. 36/2009 on Health. This study uses a normative legal research approach (literature) by analyzing regulations relating to abortion, data collection techniques by reviewing books, literature, notes, and various reports related to the problem to be solved (Nazir, 2003). Specifically focusing on the application of Law No. 36 of 2009, PP No. 61 of 2014, what it looks like and the extent of its implementation. The potential problem is the existence of rules that have been overridden, unlawfully imposed, and abandoned medical procedures. Products that contain regulations on abortion must provide concrete evidence as the law has aspired to justice, expediency, and legal certainty. The alternative solution is to strengthen the regulations or regulations relating to the act of abortion and provide a specific explanation of the procedural handling of legal and medically real abortion and at the same time provide legal certainty by providing strict sanctions for Abortion Criminal Offenders.
The Risk of Narcotich Abuse in Adolescents Is Seen From Gender, Residence Status and Parental Status
The problem of drugs in Indonesia is still something that is urgent and complex. In the last decade this problem has become widespread. It is proven by the significant increase in the number of drug abusers or addicts, along with the increasing disclosure of drug crime cases, which are increasingly diverse in pattern and the more massive the syndicate network is. Indonesian people, even the world community, in general are currently faced with a very worrying situation due to the widespread use of various types of illegal drugs. This concern is further sharpened due to the rampant illicit trafficking of narcotics which has spread to all levels of society, including the younger generation. This will greatly affect the life of the nation and state in the future. The behavior of some teenagers who have clearly ignored the values of the rules and norms and laws that apply in the midst of people's lives is one of the causes of the rampant use of drugs among the younger generation. In everyday life in the midst of society there are still many teenagers who still do drug abuse. Drug abuse among adolescents is an act that is not in accordance with social norms and values that apply in society. Deviance occurs when a person or group of people does not comply with the norms or standards and values that already apply in society. The causes of drug abuse are internal and external factors.
The Death Penalty from A Sociological Perspective and Human Rights Enforcement
The death penalty is one of the most controversial types of punishment globally, with many opinions supporting and opposing its implementation. Supporters of the death penalty often base their arguments on conventional reasons, claiming it is necessary to eliminate individuals deemed dangerous to public or state interests and irredeemable. Opponents argue that the death penalty violates human rights and is an irreversible form of punishment, especially if errors in judgment are discovered post-execution
Juridical Review of The Position of Online Transportation in The Law of The Republic Of Indonesia Number 22 Of 2009 Concerning Road Traffic And Transportation
In Law Number 22 of 2009 concerning Road Traffic and Transportation, what is meant by Traffic is the movement of vehicles and people in the Road Traffic Space. Road Traffic Space is infrastructure intended for the movement of vehicles, people and/or goods in the form of roads and supporting facilities. Transportation is a tool or vehicle that is an important need for society, whether land, sea or air transportation. The purpose of people using means of transportation is to move people or goods more quickly and easily from their place of origin to their destination. The increasing number of road users, especially motorbikes, has resulted in traffic flow becoming congested and difficult to control, especially in big cities in Indonesia. Therefore, the government issued Law Number 22 of 2009 concerning Road Traffic and Transportation. This online-based mode of transportation also leaves problems that raise pros and cons in society. In the Constitutional Court (MK) decision in case Number 41/PUU- The research was conducted using a normative juridical approach. The data collection technique is through primary and secondary legal materials, as well as conditions in the field. The specifications of this research are analytical descriptive. Then the data analysis was carried out in a qualitative juridical manner, in terms of protecting online transportation players, there is no legislation or regulation that specifically addresses the problem of online transportation drivers
Analysis of Content Actions of Creators Who Cover Songs on The Youtube Platform Reviewed from Law Number 28 of 2014 Concerning Copyright
In this study entitled Analysis of the Actions of Content Creators Covering Songs on the Youtube Platform in Review from the point of view of Law Number 28 of 2014 Regarding Copyright. In this research, there is a royalty arrangement related to covering songs, where every activity related to covering songs must have permission to cover songs to other parties, especially songwriters or song owners themselves. The goal and purpose of this research is for Content Creators to understand how important a licence is for the act of covering songs. In doing song cover activities, the content creator sings the song again by imitating the original singer or another word known as covering the song, there are also content creators singing with their own distinctive voices. Where in this research method using normative research which in this research is carried out by examining the legislation that has been established.
ANALYSIS OF PRINCIPLES OF INTERNATIONAL DEVELOPMENT ASSISTANCE IN INTERNATIONAL ASSISTANCE AGREEMENT FOR INDONESIA
Konsep bantuan pembangunan internasional yang dikenal sebagai official development assistance serta prinsip-prinsip mengenai efektivitas bantuan yang terdapat dalam Paris Declaration on Assistance Effectiveness tahun 2005. Analisis penerapan prinsip-prinsip tersebut lalu akan dilakukan terhadap perjanjian pemberian bantuan internasional dari Amerika Serikat dan Jepang terhadap Indonesia. Penelitian dilakukan secara yuridis normatif, dengan mengacu pada norma-norma hukum yang ada dalam hukum internasional maupun hukum nasional.
THE URGENCY OF LEGAL PROTECTION FOR VICTIMS OF PORNOGRAPHY
Undang-undang yang mengatur secara khusus tentang kesusilaan tersebut adalah Undang- Undang Nomor 44 Tahun 2008 Tentang Pornografi dan juga Undang-Undang Nomor 11 Tahun 2011 Tentang Informasi dan Transaksi Elektronik. Pornografi bukan hanya mengenai pelanggaran yang dilakukan oleh pelaku penyebar tindak asusila tersebut saja tetapi ada korban dari tindak pidana pornografi yang harus menjadi perhatian aparat penegak hukum. Kasus korban pornografi yang harus menjadi perhatian adalah pornografi balas dendam (revenge porn). Tujuan penelitian adalah untuk mengtahui pengertian revenge porn, mengetahui status revenge porn di dalam paradigma hukum indonesia, mengetahui urgensi perlindungan hokum bagi korban pornografi balas dendam (revenge porn). Metode penelitian adalah metode normatif eksplisit. Hasil penelitian Revenge porn adalah kegiatan menyebarkan konten seksual baik dalam bentuk foto maupun video tanpa seizin orang yang muncul di dalam foto dan video tersebut. Tujuannya bisa untuk balas dendam (revenge) atau menjelekkan orang tersebut. Pornografi sebagai balas dendam berdasarkan pendekatan Sobural merupakan kejahatan seksual karena berkaitan dengan aktivitas seksual dan mengumbar hawa nafsu seksual dengan menyebarluaskan materi pornografi
Violations Of The Board Of Directors Of Pt. Sunwa Akuratama Engineering Batam According To Limited Liability Liability Law (Analysis Of Decision Number: 6/Pdt.G/2021/PN Btm)
The Board of Directors in a limited liability company can be likened to the lifeblood because the Directors are tasked with managing the company well for the sake of the company's sustainability. Directors are obliged to carry out their duties in good faith as regulated in Law Number 40 of 2007 concerning Limited Liability Companies. The main problem in this research is how the forms of Directors' violations are reviewed according to Law Number 40 of 2007 concerning Limited Liability Companies in the case of PT. Sunwa Akuratama Engineering Batam and how the Board of Directors is responsible for violations committed in the PT case. Sunwa Akuratama Engineering Batam. Company Directors should run the Company in good faith based on Article 97 of Law Number 40 of 2007 concerning Limited Liability Companies. As in the case in Decision Number 6/Pdt.G/2021/PN Btm, it was stated that the Board of Directors ran the Company without ignoring good intentions. The method used in this research is normative juridical with a case approach and a statutory approach. So the aim of our research is to find out the responsibilities and legal consequences of directors for bad faith in running a company. So the results of this research based on the PT UUPT state that the Directors of PT. Sunwa Akuratama Engineering Batam does not use good faith in running the Company
Democratic Dynamics in Publik Policy Challenges and Opportunities for the Legal System Indonesia
n the face of globalisation and complex socioeconomic concerns, democracy emerges as a critical factor in determining Indonesian public policy. This study dives into the dynamic interaction of democracy within the field of public policy, analysing its implications for Indonesia's legal environment. The major emphasis is on illuminating the difficulties that the legal system has in balancing multiple public opinions and goals during the governing process. This research takes a multidisciplinary approach, incorporating elements from legal political theory, legal sociology, and public policy theory, to reveal a nuanced understanding of democratic processes, institutional roles, and the intricate interplay between policy formulation and the legal framework. The findings highlight the considerable stresses that the dynamic character of democracy places on Indonesia's legal system. The difficult balance between protecting individual rights, fulfilling public interests, and maintaining societal stability is one of the challenges. These problems present possibilities to increase public engagement in policymaking, improve the operation of legal institutions, and design responsive legal enforcement mechanisms that are sensitive to the dynamic aspects of democracy. This research provides important insights into Indonesia's symbiotic link between democracy, public policy, and the legal system. The consequences guide targeted policy and legislative improvements that not only strengthen democratic foundations but also provide justice and legal security for every Indonesian person
Legal Implications and Sanctions There are Online Gambling Practices According to the Criminal Code and According to the ITE Law
In the digital age, the practice of online gambling has become an increasingly complex problem and requires serious attention. Online gambling can be betting, gambling, or other activities that are high-risk and can cause material and moral harm to individuals. In the legal context, online gambling can be sanctioned under the Electronic Information and Transaction Law (ITE Law) and the Criminal Code (Criminal Code).legal implications and sanctions against online gambling practices based on the Criminal Code and the ITE Law. The ITE Law also provides sanctions against online gambling, such as prison sentences and fines, as well as administrative sanctions. However, there are still several obstacles in the application of the law to online gambling, such as difficulties in obtaining evidence and difficulties in identifying online gambling perpetrators. Therefore, this study suggests that governments and legal institutions increase efforts in eradicating online gambling and increase public awareness of the risks of online gambling.
The Phenomenon of Childfree in Marriage From the Perspective of Deontological Ethics
Marriage is an agreement between a man and a woman to form the smallest institutional unit called a family. Economic reasons, physical beauty, sociology and the environment triggered the childfree phenomenon which was quite viral lately in Indonesia as a country full of eastern values, causing debate. Childfree is a term used for couples who do not want to have children or offspring after marriage. It is believed that for some couples having children or getting offspring is a big responsibility as a consequence. Childfree in the view of Deontological Ethics is an option to be studied in this study using a qualitative approach method. Data obtained from primary and secondary sources are processed and analyzed to draw qualitative descriptive conclusions. This theory prioritizes rules/traditions/customs in distinguishing good or bad actions. This study found that the decision not to have children is contrary to universal moral law.
Measuring the Importance of Material Testing of Legislation in Indonesia
Indonesia adheres to the continental European legal system. One of its features is codified law. If it is considered contrary, material testing can be carried out. Judicial review can be conducted in the Constitutional Court if the law contradicts the Constitution of the Republic of Indonesia in 1945. Test the material in the Supreme Court if the regulation of its position under the law is contrary to the law. About any legislation under the order of legislation consisting of the Constitution of the Republic of Indonesia in 1945, the provisions of the People's Consultative Assembly, laws/government regulations in lieu of legislation, government regulations, presidential regulations, provincial regulations, Perda Regency/City. Legal standing must be met to conduct trials both in the Supreme Court and the Constitutional Court, one of which is if the constitutional rights are harmed. The procedural law applicable in testing laws in the Constitutional Court is in accordance with the rules of the Constitutional Court. As is known, all authorities in the Constitutional Court have their procedural laws made internally in the form of Constitutional Court regulations for all authorities. Related to the right of judicial review in the Constitutional Court is the Constitutional Court Regulation No. 2 of 2021 on the procedure for proceeding in cases and testing the law in the Supreme Court in the form of Supreme Court Regulation No. 1 of 2011 on the right of judicial review. Judicial review in the Constitutional Court and the Supreme Court is carried out to maintain the supremacy of the Constitution, strengthen legal consistency, develop laws, and increase public confidence. The method in this study is juridical-normative.
Legal Protection Against Crime Victims Cyber Crime in Indonesia
The advancement of data innovation nowadays brings a gigantic affect for the social life of the communitythe quick improvement of get to between districts driven to a really contract and without being constrained by space and time As a result of the development of the data innovation isn't continuously a positive affect on human life innovation clients this advancement is additionally went with by the improvement of the wrongdoing is known as cybercrime or cyber wrongdoing. Wrongdoing in the internet happen due to the negative impact of mechanical advancements different modes of violations that happened within the virtual world influence to human life in the genuine worldAs the state government's lawful commitment to secure every citizen of the activities that could harm the rights of its citizensone of which could be a wrongdoing that happens within the virtual world that frequently result in fabric and non-misfortunes for its usersIn tending to these issues the government has ordered Law No. 11 Year 2008 on Data and Electronic Exchanges. With the ITE Law is anticipated to supply lawful assurance for individuals who utilize the innovation and can give a sense of security for those who utilize data innovation in exercises in the internet
Legal Aspects of Implementation of Insurance Agreements Based on Insurance Principles in Cyber Insurance
Cyber insurance was born along with the development of information technology. The problem discussed is the implementation of insurance agreements in cyber insurance carried out based on insurance principles which include the principles of utmost good faith, indemnity, and subrogation. Implementation of the principle of utmost good faith is not solely borne by the Insured but is also the responsibility of the Insurer. Implementing the principle of indemnity in insurance agreements when a risk occurs that causes losses in cyber insurance can encounter obstacles when submitting a claim. Inhibiting factors include the difficulty of determining the actual value of losses accurately. Meanwhile, the factor that hinders the implementation of subrogation is that the whereabouts of third parties who cause losses are often difficult to know. Even if it is known but is outside Indonesian jurisdiction, then this will create difficulties for the implementation of subrogation rights. The method used is normative juridical to assess the extent to which the implementation of insurance agreements is based on insurance principles in cyber insurance and inhibiting factors. The research results show that the implementation of insurance agreements based on insurance principles in cyber insurance experiences obstacles, namely the difficulty of implementing the principles of indemnity and subrogation in insurance agreements.
Socialization Of The Impact Of Sexual Harassment On Madrasah Aliyah
Tax laws are a set of rules governing rights and obligations and relationships between taxpayers and the government as tax collectors. Taxes are enforced in almost everything countries in the world as the main source of state revenue. Taxes are held for the sake of sustainability country life. In Indonesia, taxes actually have 4 functions, namely the budget function, regulatory function, stability function, and income redistribution function.. The people as tax subjects are charged with the obligation to pay taxes accordingly with the conditions that apply. If it violates the provisions of the tax law, it can be terminated to acts against civil law or acts against criminal law. Verbal sexual harassment, a pervasive issue in modern society, involves unwanted sexual comments or advances directed at someone in public or private. Often disguised as jokes or humor, it can inflict psychological trauma and negatively impact victims. This study explores the definition and legal aspects of verbal sexual harassment, along with its social implications. It categorizes the different levels of sexual harassment and examines factors contributing to its occurrence among children. The analysis highlights the negative psychological and social impacts experienced by victims. Finally, the paper emphasizes the need for increased awareness, support for victims, and a societal shift away from victim blaming and normalizing verbal abuse.
Legal Implications And Sanctions There Are Online Gambling Practices According To The Criminal Code And According To The Ite Law
In the digital age, the practice of online gambling has become an increasingly complex problem and requires serious attention. Online gambling can be betting, gambling, or other activities that are high-risk and can cause material and moral harm to individuals. In the legal context, online gambling can be sanctioned under the Electronic Information and Transaction Law (ITE Law) and the Criminal Code (Criminal Code).legal implications and sanctions against online gambling practices based on the Criminal Code and the ITE Law. The ITE Law also provides sanctions against online gambling, such as prison sentences and fines, as well as administrative sanctions. However, there are still several obstacles in the application of the law to online gambling, such as difficulties in obtaining evidence and difficulties in identifying online gambling perpetrators. Therefore, this study suggests that governments and legal institutions increase efforts in eradicating online gambling and increase public awareness of the risks of online gambling
Democratic Dynamics In Publik Policy Challenges And Opportunities For The Legal System Indonesia
In the face of globalisation and complex socioeconomic concerns, democracy emerges as a critical factor in determining Indonesian public policy. This study dives into the dynamic interaction of democracy within the field of public policy, analysing its implications for Indonesia's legal environment. The major emphasis is on illuminating the difficulties that the legal system has in balancing multiple public opinions and goals during the governing process. This research takes a multidisciplinary approach, incorporating elements from legal political theory, legal sociology, and public policy theory, to reveal a nuanced understanding of democratic processes, institutional roles, and the intricate interplay between policy formulation and the legal framework. The findings highlight the considerable stresses that the dynamic character of democracy places on Indonesia's legal system. The difficult balance between protecting individual rights, fulfilling public interests, and maintaining societal stability is one of the challenges. These problems present possibilities to increase public engagement in policymaking, improve the operation of legal institutions, and design responsive legal enforcement mechanisms that are sensitive to the dynamic aspects of democracy. This research provides important insights into Indonesia's symbiotic link between democracy, public policy, and the legal system. The consequences guide targeted policy and legislative improvements that not only strengthen democratic foundations but also provide justice and legal security for every Indonesian person.
Crime Phenomenon from the Perspective of Criminological Theories
The increase in crime in Indonesia every year is a special concern that is becoming more and more concerned every day, which continues to grow and gives rise to many types of crime such as murder, sexual violence, embezzlement, and many other types of crimes. This is due to the pattern of social life in society which continues to experience development and improvement due to the pattern of social life in society which continues to experience changes and differs from one place to another and also differs from one particular time period or epoch to another. so that there are various forms of crime and deviation which also experience development and improvement in seeing and understanding the problems that exist in society. The method used in this research is normative legal research which emphasizes research on criminological legal literature and applicable legislation regarding the basics of criminology and theories of evidence. Criminology is a science that studies crime. Etymologically, criminology comes from the words "Crime" which means crime and "logos" which means knowledge or science, so that criminology is the science of crime or criminals. Crime according to criminology experts generally means human behavior that violates norms (criminal law), is detrimental, annoying, causes victims, so it cannot be tolerated. Meanwhile, criminology pays attention to crime. The theories that cause crime are Biological Theory, Psychogenesis Theory, Sociogenic Theory, Subcultural Theory of Delinquency.
The Urgency Of Ratifying The Bill On Asset Forfeiture To Recover State Losses
The Ratification of the Asset Forfeiture Bill (Recovery Asset) is an urgent step in the fight against corruption. This law provides a strong legal foundation for the state to reclaim assets acquired unlawfully by corrupt actors. The importance of ratifying this law is to send a strong signal to corrupt individuals that their actions will not escape punishment. The Recovery Asset also offers hope to the public that the state is serious about combating corruption, encouraging investors, and international financial institutions to view the country as serious in its anti-corruption efforts. With the ratification of this law, it is hoped that public trust in the government and legal institutions will be strengthened, and it will demonstrate a real commitment to restoring the nation’s finances. There is hope that stakeholders can work together to promptly ratify this law for justice, integrity, and prosperity for the nation and its people.
Basic Principles Of Dispute Resolution Of Election Results As A Manifestation Of A Democratic State
Every country in the world, moreover in every country which has implemented the way of life of democcratic and nation, presume that election is one of the important element as a marker of democracy of the country and also has a practical function of government political as a succession’s tool between the government parties and the oposition parties. In every democratic constitutional state, the election process has a purpose to embody will of the people into pattern of power without violence. The election process will not only be assessed by sticking to the existing legal framework but the laws, codes of conduct of the election and its implementation needs to be tested and adjusted if it is in accordance with its primary purpose or not without ignoring the rights of individuals or people. In the process of the general election, the election process does not always run smoothly. Various obstacles in the implementation of good elections that occurred both during and previous election, is a problem that certainly would have widely spread impact if not immediately resolved. The existence of problems in the election related to dissatisfaction of decision of the election or criminal violations and administrative which can influence the result of election is commonly known by electoral disputes. In order the election dispute does not disturb the constitutional system or system of government of a country or region, it requires an electoral dispute resolution mechanisms that effective and can give a fair decision to the parties.
The Responsibility of the National Land Agency for the Cancellation of Land Ownership Certificates
The certificate of land ownership is a government initiative that arises from the law. The emergence of certificates begins with the land registration mechanism, but even though the issuance of Land Ownership Certificates has gone through the land registration mechanism, it is often accompanied by disputes across all levels of society. Ironically, after these disputes are resolved by the Administrative Court or Civil Court, the defeated holders of Land Ownership Certificates are unable to reclaim their rights over the cancelled certificates. However, the issuance of Land Ownership Certificates by the National Land Agency (BPN) has been carried out in accordance with the procedures outlined in the prevailing legislation, so BPN should rightfully be responsible to the individuals whose Land Ownership Certificates have been cancelled, whether through the Administrative Court or Civil Court. This article, from a juridical-normative perspective, will discuss the issue of accountability of the National Land Agency as one of the institutions entrusted by the State to issue Land Ownership Certificates in relation to the cancellation of land ownership certificates for the holders.
Law As An Instrument Of National Development: A Perspective From Mochtar Kusumaatmadja's Development Law Theory
The role of law as a development instrument becomes a crucial focus, especially when viewed from the perspective of development theory. The Development Law Theory emphasizes that law is not only a tool for social regulation but also a means to shape society towards improvement. This research adopts a descriptive-analytical approach by reviewing literature on Development Law theory and legal and policy issues related to development. The analysis shows that the dominance of legislation in Indonesia reflects one objective characteristic of Development Law Theory but also poses challenges regarding the limitation of innovation and development scope. In facing rapid technological changes and social transformations, legal and regulatory reforms are crucial. Therefore, the implementation of Development Law theory in national development remains relevant.
The Implementation Of Restorative Justice In Petty Crimes As An Embodiment Of Pancasila Values
The implementation of restorative justice as a manifestation of Pancasila values is an effort to strengthen the foundation of justice that is inclusive and participatory. Restorative justice is an alternative approach in conflict resolution that emphasizes on restitution, reconciliation, and rebuilding of social relationships. This research employs a juridical-normative method with a literature approach to analyze the concept and implementation of restorative justice. The findings indicate that restorative justice strongly aligns with Pancasila values, such as mutual cooperation, social justice, and unity. Through this approach, communities can actively engage in conflict resolution processes, strengthen solidarity, and promote peace. Thus, the application of restorative justice not only reinforces the legal system but also strengthens unity and diversity within the framework of Pancasila values.
Implementation Of Restorative Justice Principles In The Criminal Justice System In Indonesia
In the practice of criminal law enforcement, we often hear the term Restorative Justice, or Restorasi Justice which is translated into Indonesian as restorative justice. Restorative justice means that a restoration of relationships and redemption of mistakes that the perpetrator of a crime (his family) wants to do to the victim of the crime (peace efforts) outside the court with the intention and purpose that the legal problems that arise as a result of the crime can be resolved properly by reaching an agreement and agreement between the parties. The purpose of this study is to explore the legal regulations related to restorative justice in the criminal law system in Indonesia and the application of restorative justice in the criminal law system in Indonesia. The method used in this study is normative legal research, namely the research process to research and examine law as norms, rules, legal principles, legal principles, legal doctrines, legal theories and other literature to answer the legal problems being studied. The approach in this study is the statute approach, namely this approach is carried out by examining all laws and regulations related to the legal issues being discussed (studied).
Restorative Justice and the Criminal Justice System in Indonesia
This paper explores the implementation and effectiveness of the restorative justice system within the Indonesian criminal justice framework. It examines the historical context, legal foundations, practical applications, and challenges faced in integrating restorative justice principles. Through an analysis of Indonesian laws, case studies, and comparative perspectives, the paper aims to provide a comprehensive understanding of how restorative justice contributes to the overall criminal justice system in Indonesia.
The Role Of Arbitration Institutions As A Non-Litigation Alternative In Fair Business Dispute Resolution
Renewing Consumer Protection Laws In The Era Of Society 5.0: Case Study Of E-Commerce Transactions Related To Law Number 8 Of 1999 Concerning Consumer Protection
The Controversial Role Of Debt Collectors In Indonesia
The role of debt collectors in Indonesia is marred by controversy due to their aggressive debt collection methods, which often involve threats, intimidation and violence. Despite legal regulations, debt collectors have been known to use coercive tactics to ensure repayment of debtors, thereby violating their rights to comfort, safety and security. This study highlights the legal aspects of debt collection practices in Indonesia, focusing on the role of debt collectors and the legal regulations governing their activities. The findings indicate that while regulations exist, they are insufficient to fully protect consumer rights, and that more effective regulations and stricter law enforcement are needed to ensure that debt collectors operate within the bounds of the law.
Criminal Actions Against Civil Legal Position In Tax Law
Two different concepts in tax law are the civil legal position and the criminal actions that can be applied to tax violations. Criminal offenses are legal consequences that can be used against individuals found guilty of illegal acts, such as tax evasion. Criminal offenses may include criminal prosecution, fines, or other forms of punishment provided for by law or government regulations. For example, in the United States, the Internal Revenue Service (IRS) can seek fines and other sanctions against individuals who do not report their income or refuse to report it. In contrast, civil law refers to the legal rights and obligations that can be enforced against individuals found guilty of illegal acts, such as tax evasion. Civil law positions may include claims for damages, relief, or other forms of compensation regulated by law or government regulations.
Fulfilling Patients' Rights in Health Services in The Hospital Based on Legal Protection Aspects
Health services are part of human rights, so it is important for the state to protect, respect and fulfill the rights of every individual to obtain adequate health services. Highlights the problem of accessibility to health services in Indonesia, especially in remote areas or with high levels of poverty. There is a need for policies that ensure that all citizens have equal access to quality health services. Legal protection is to provide protection for human rights that are harmed by other people. The writing method used by the author is a normative juridical method where the researcher will study the main issues according to the scope and identify the problem based on the main legal material by examining legal principles, concepts and theories as well as statutory regulations. Health service facilities, in this case hospitals, are responsible for providing complete health services to all patients. In fulfilling patients' rights, hospitals must be cooperative, professional, transparent and of course affordable
Analysis of the Problems of Executing Collateral Objects Encumbered With Mortgage Rights
The land that is used as collateral for the credit agreement is bound by a Deed of Granting Mortgage Rights (APHT) which is then registered with the local land office to be burdened with charge mortgaging. The consequence of having a charge mortgaging is that if the debtor breaks his promise, the bank has the authority to execute the object of the guarantee. In order to protect the debtor's interests in executing the object of the charge mortgaging, the bank is obliged to carry out the execution in accordance with applicable regulations, one of which is that the auction of the object of the charge mortgaging must be in accordance with the market price or in accordance with the limit value, so as not to harm the debtor in particular. The aim of this research is to analyze legal protection for debtors for mortgage execution auctions that do not reach the maximum value and identify how the government should determine the execution auction process and limitations in conducting charge mortgaging execution auctions. This type of research uses normative juridical research methods. Article Decree of the Minister of Finance jo. Article of the Decree of the Directorate General of State Receivables and Auctions gives the seller the right to determine special auction conditions that do not conflict with general auction regulations or existing laws and regulations. The auction for the execution of charge mortgaging rights must be carried out at the KPKNL, namely the government which has a position based on the provisions of the applicable laws so that the execution auction is carried out in accordance with the applicable regulations
Application Of The Principle Of Reciprocity In The Confiscation Of Assets Proceeding From Money Laundering Crimes Located Abroad With The State Non-Mla Treaty Based
Money laundering is a serious problem involving cross-border transactions using lower tax loopholes, resulting in a decrease in the proceeds of criminal acts being laundered by criminals. Mutual Legal Assistance (MLA) is a solution through the principle of reciprocity, which facilitates cooperation between countries in investigating, prosecuting and handling cross-border crimes. This research aims to analyze the application of the Reciprocity Principle in MLA legal efforts with countries that do not yet have mutual assistance agreements with Indonesia in handling money laundering cases. Data from the digital survey is supported by analysis of Indonesian criminal law regulations, laws on eradicating money laundering, international cooperation law, as well as national and international literature references. Implementation of the principle of reciprocity can be done through informal regulations (Arrangements) that apply on a case-by-case basis, enabling effective law enforcement against transnational crimes such as money laundering.
The Regulation and Concept of Citizen Lawsuits in the Perspective of Positive Law in Indonesia as an Effort to Fulfill Constitutional Rights
The regulation and concept of citizen lawsuits in the perspective of positive law in Indonesia is an important part of efforts to fulfill the constitutional rights of citizens. In this context, Citizen Lawsuit plays an important role in facilitating citizens' access to the justice system to protect their rights as well as ensure the accountability of governments and other entities. Citizen Lawsuit regulation in Indonesia is still limited and faces a legal vacuum that needs to be addressed. Although some laws, such as the Environmental Act, provide space for public participation in the court process, there are no provisions that specifically regulate the Citizen Lawsuit mechanism as a whole. This research is a study of the concept and regulation of citizen lawsuits in Indonesia as the fulfillment of citizens' constitutional rights so that the right type of approach to be used includes a conceptual approach, a legal approach and a comparative approach. The fulfillment of citizens' constitutional rights through the Citizen Lawsuit requires concrete steps, including the drafting of laws that clearly regulate the process, conditions, and mechanisms of the Citizen Lawsuit. The drafting of such legislation should take into account the principles of positive law and the protection of internationally recognized human rights. In addition, public education about their rights and the importance of the Citizen Lawsuit as a tool to protect these rights is also an integral part of efforts to fulfill constitutional rights. Thus, the regulation and concept of Citizen Lawsuit in Indonesia must continue to be developed to ensure effective protection of citizens' rights and strengthen a fair and accountable legal system.
Compelling Circumstances in the Formation of Government Regulations in Lieu of the Job Creation Law
This study shows that the birth of the Job Creation Perppu is in the background with the Constitutional Court Decision Number 91/PUU-XVIII/2020 which states that Law Number 11 of 2020 concerning Job Creation is conditionally unconstitutional. The basis for the formation of the Perppu is the existence of state factors in a state of compelling emergency, in which the President has subjective authority to issue the Perppu as stated in Article 22 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The problem in this study is how to determine the matter of compelling urgency in the formation of Government Regulations in Lieu of Law (Perppu). Has the establishment of Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation met the element of compelling urgency? The research method used is normative juridical research using literature data from various literature, books, journals, laws and regulations, etc. Data analysis is carried out in a qualitative normative way. The results of the study show that the President has the authority to determine matters of compelling urgency based on the element of objectivity contained in the Constitutional Court Decision Number 138/PUU-VII/2009. First, there is an urgent situation or need to resolve legal problems quickly based on the law, Second, there is a legal vacuum or the existing law is inadequate, Third, there is no time for drafting laws with normal procedures. Then, the fulfillment of the element of compelling urgency in the formation of Perppu Number 2 of 2022 concerning Job Creation was not fulfilled. Because the urgency forced to deal with the state of national economic resilience on which the Perppu was formed did not occur in reality. The government's growth indicators and optimism in the national economy do not show a bad situation but develop well. The condition of legal vacuum or inadequate existing law is not met, because in the Constitutional Court Decision Number 91/PUU-XVIII/2020 the Job Creation Law continues to be enforced during the two-year improvement period, which in terms of content and content of the Job Creation Perppu is not significantly different from the Job Creation Law, and still re-enacts the law, articles that have been revoked if the lawmakers fail to improve. The time limit for the formation of the Law is not normally met, because the formation of the Job Creation Perppu is still in the period of revision of the Job Creation Law which is declared conditionally unconstitutional and does not make good use of the improvement time.
The Legal Protection for the Implementation of Auctions and Execution of Collateral Rights is Related to Law Number 4 Of 1996 About Collateral Rights on Land and Related Assets
This study employs the Juridical Normative research method. Therefore, the legal research in this study encompasses academic legal research that includes normative and doctrinal aspects to address various legal issues that are raised. The approaches used in this research are the statutory approach, conceptual approach, case approach, and historical approach. The implementation of legal protection for debtors and creditors regarding the Guarantee Rights of Collateral from the execution of Auctions and Executions that disregard legal regulations, namely Law No. 4 of 1996 and Minister of Finance Regulation No. 27/PMK.06/2016 on Auction Implementation Guidelines, still raises several legal issues. The lack of legal certainty and fairness is a major reason for dissatisfaction among a certain group of people, particularly debtors. While the bias towards rules and legal protection for the rights and interests of debtors tends to leave them in a weak position. The strict regulations and legal institutions outside of the UUHT and PMK regarding the Implementation Guidelines for Auctions are more dominant as alternatives for debtors, creditors, or auction winners (third parties) to obtain legal protection facilities.
Analysis of the Foreign Exchange Transaction System According to the Perspective of Islamic Law
This research aims to analyze the foreign exchange (forex) transaction system from the perspective of Islamic law. In this study, the researcher employs a normative juridical research method with a comparative approach and library research method. Through this approach, the researcher comprehends and analyzes the content. The researcher utilizes primary legal sources such as scriptures, hadiths, and fatwas from the MUI (Indonesian Ulema Council). Secondary legal materials encompass legal theories, relevant literature and legal journals on forex trading, including Islamic legal books, fatwas, previous research, academic publications, and scholars' opinions. The research findings indicate that Islam permits buying and selling but prohibits riba (usury). The exchange transactions should be conducted voluntarily, considering equality in terms of type and quantity. Forward transactions in the purchase and sale of currencies, where the price is determined in advance and delivery takes place in the future, are considered haram (forbidden), except when performed for unavoidable needs. In sales transactions, important considerations include maintaining transparency, honesty, justice, and avoiding excessive speculation.
Examining the Expansion of Constitutional Court Authority Regarding Constitutional Complaints Based on Article 24C Paragraph (1) of the 1945 Constitution
This article explores the evolving authority of the Constitutional Court in Indonesia as it relates to constitutional complaints filed under Article 24C Paragraph (1) of the 1945 Constitution. The provision empowers citizens to challenge laws or regulations that are deemed to violate the Constitution. By analyzing case law and legal scholarship, the article examines how the Court has interpreted and applied this provision over time. It investigates factors that have influenced the Court's approach, including changes in political and social dynamics, the development of constitutional jurisprudence, and the Court's own institutional growth. The analysis aims to shed light on the extent to which the Court's authority has expanded in adjudicating constitutional complaints, and the implications of this expansion for the protection of individual rights and the democratic governance of Indonesia.
Legal Protection Of Companies Holding Limitation Rights Against Legal Defective Credit Agreements On Auctioned Assets
This study examines legal protection for companies holding mortgage rights against legally defective credit agreements on auctioned assets, with a case study at PT. Bank Pembangunan Daerah Papua (PT. Bank Papua). The research adopts a normative approach with qualitative descriptive data analysis. The findings indicate that credit agreements failing to meet the validity requirements outlined in Article 1320 of the Civil Code can be declared null and void or annulled. This affects the validity of auctions involving assets pledged as mortgage rights. Furthermore, legal protection for companies holding mortgage rights involves mediation mechanisms and the application of legal principles such as "droit de preferent" and "droit de suite" to secure creditors' rights in the auction process. This study highlights the importance of compliance with legal provisions regarding the creation of authentic deeds and stricter supervision of credit agreement implementations to prevent future legal disputes.
Position of Witnesses as Victims in Money Laundering Criminal Act
The position of witnesses who are also victims in money laundering crimes has a strategic role in efforts to uncover complex and covert financial crimes. Money laundering crimes often involve complex networks, with the flow of funds being disguised through various legal and illegal transactions. This study aims to examine in more depth the legal position of victims as witnesses in the process of proving money laundering crimes based on the analysis of the Supreme Court Decision in the review note number 2029 K / Pid.Sus / 2023 in conjunction with the Banten High Court Decision Number 117 / Pid.Sus / 2022 / Pt.Btn and the Tangerang District Court Decision Number 1240 / Pid.Sus / 2022 / Pn Tng. This analysis highlights how criminal procedure law in Indonesia regulates the testimony of victims who also act as witnesses, especially in cases involving money laundering crimes. In this case, courts at various levels of justice must assess whether the victim's testimony is strong enough and valid to be used as one of the bases for a decision. In addition, it is important to examine how victims' rights are recognized and protected in the judicial process, and to what extent victims' statements contribute significantly to the process of proving money laundering crimes, which often require other evidence in the form of documents, financial transaction records, and expert testimony. This study also discusses the important role of cooperation between victims and law enforcement officers in the process of investigating and prosecuting money laundering crimes.
Legal Certainty in the Authorization's Authority to Discontinue Prosecution Based on Restorative Justice
A person who has committed a crime or crime can basically be charged before a court to be tried according to the crime or act committed by that person. As an institution that has prosecutorial authority, the prosecutor's office has no choice not to continue the legal process. The public prosecutor has the authority to prosecute anyone who has been named a defendant with a minimum requirement of two pieces of sufficient evidence. In its development, the implementation of the prosecutor's function as a prosecutor in court uses a new approach to resolve criminal cases more simply, easily and effectively. This can be seen with the issuance of Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The problem is what is the concept of restorative justice in Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice and what is the legal certainty in Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. This research uses normative juridical methods and a conceptual approach which is carried out by elaborating on statutory regulations related to living law using concepts, theories and doctrines developed in contemporary criminal law scholarship to produce a synthesis that shows the correlation and relevance of these regulations to the objectives of legal reform. substantive crime. Restorative justice is the resolution of criminal cases involving the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly seek a fair resolution by emphasizing restoration to the original condition, and not retaliation. The granting of authority to the prosecutor's office through the Prosecutor's Regulations does not contain legal certainty and is contrary to the authority of the prosecutor's office which originates from the law.
The Paradigm of The Principles of Legality in Indonesian Criminal Law is Reviewed From Law Number 1 Of 2023 Concerning the Criminal Law Book
Criminal law that adheres to the basic principle of the principle of legality as the basis for imposing a crime as embodied in Article 1 paragraph (1) of Law Number 1 of 2023 of the Criminal Code (New Criminal Code). The expansion of the meaning of the principle of legality can be seen in Article 2 of the new Criminal Code, namely that a person can be prosecuted and punished based on the laws that exist in society (living law) even though their actions are not prohibited by law. This change is aimed at integrating living law as an instrument in achieving substantive justice in Indonesia. This research will examine the application of the principle of legality in Indonesian criminal law and the legal formulation that lives in society in the new Criminal Code. This research uses normative juridical methods and a conceptual approach which is carried out by elaborating on statutory regulations related to living law using concepts, theories and doctrines that have developed in contemporary criminal law scholarship to produce a synthesis that shows the correlation and relevance of these regulations. towards the goal of substantive criminal law reform. The research results show that the Legality Principle is a principle where a criminal act can only be punished if there are regulations that regulate it before the criminal act occurs. The principle of legality was chosen as a perspective because it is the main pillar in the modern criminal law system which guarantees legal certainty. Apart from that, the living legal formulation in the Criminal Code is in accordance with the concept of the principle of legality, which is demonstrated through the process of institutionalization and normatization of customary law in the form of regional regulations. The mechanism for institutionalizing customary law attributed to the National Criminal Code in Government Regulations makes customary law a source of certain norms, but has its own law enforcement procedures carried out by customary law communities.
Sociological Study for the Community of the Complete Systematic Land Registration Program
The Land and Natural Resources Use Program (PTSL) has a significant social impact on society. This program not only influences economic and environmental aspects, but also contributes to social dynamics at local and national levels. This study aims to discover and analyze the social benefits of implementing PTSL, focusing on increasing social justice, community participation and social stability. The main social benefits of PTSL include increased social justice through fairer access for local communities to natural resources. This program helps reduce inequalities in land ownership rights and access to natural resources, which are often sources of social conflict. In addition, PTSL encourages the community to participate actively in decision-making processes related to land and natural resource management. Through public consultation mechanisms and local empowerment, this program increases the community's ability to be involved in development and decision-making processes that directly impact their lives. Additionally, PTSL increases social stability by creating a more predictable legal environment and reducing the possibility of conflict over land ownership rights. By providing clear land certification and legally protected rights, this program reduces the social tensions that often arise due to uncertain land ownership. In the context of increasing urbanization and globalization, it is essential to understand that PTSL is concerned with natural resource management and strengthening social ties within society. By analyzing the social benefits of PTSL, this study provides important insights for inclusive and sustainable policy planning and reinforces the role of communities in sustainable development. The method used in this research analyzes the objects of norms issued by the government regarding the Complete Systematic Land Registration Program. This research uses a sociological approach which is presented in a descriptive manner through primary legal materials in the form of statutory regulations, namely through Minister of Agrarian Regulation Number 6 of 2018 in conjunction with Presidential Instruction Number 2 of 2018 in conjunction with Government Regulation number 18 of 2018 and secondary legal materials through books. books, journals on the internet and seminar results. The results obtained are that there are no fair benefits in society, especially in terms of the significant costs that the community must incur and the lack of information obtained by the community. The conclusion is that the benefits obtained from the Complete Systematic Land Registration Program do not accommodate the community's interests as a whole.
Granting Remission for Corruption Convicts Following the Supreme Court Decision Number 28P/HUK/2021: Human Rights Perspective
Corruption is not an ordinary crime but is one of the crimes included in extra ordinary crimes. Corruption is a human rights crime and is included in the category of crimes against humanity. The emergence of Constitutional Court Decision No. 28P/HUM/2021 has an impact on the aim of providing a deterrent effect to corruption convicts. With the enactment of regulations on granting remissions to corruption convicts, there are pros and cons in society. Corruption itself is an extra ordinary crime which cannot be equated with ordinary crimes. The enactment of Law no. 22 of 2022 concerning corrections provides freedom for perpetrators of criminal acts of corruption. The provision of remissions destroys people's hopes of realizing justice for society.
the Legal Protection for the Implementation of Auctions and Execution of Collateral Rights is Related to Law Number 4 Of 1996 About Collateral Rights on Land and Related Assets
As A Result of the Law Change In the Form of the Company Limited (PT) Become A Regional Company (PERSERODA)
Change form of legal entity company Limited South Tangerang Investment Development has become a South Tangerang Investment Development Regional Company significant impact​ in matter law company . Change This involves complex legal processes and has​ diverse implications , starting​ from aspect ownership , responsibility answer law , up to protection interest public . Study This aim For investigate consequence law from change this , incl change in structure company , liability law , and its impact towards stakeholders. Through approach analysis law and review literature , research This identify consequence emerging law​ from change form of legal entity This as well as the implications to practice business and environment law in Indonesia. For answer problem research , research This use type study law normative with approach laws , approaches​​ concept , and doing interview with agency related . Data used is secondary data form primary, secondary and tertiary materials , which are obtained through study literature ( library research ) , research conducted by researchers previous . Result of study This show that . The legal standing of Regional Owned Enterprises (BUMD) which have not changed form to Perumda or Persiroda is that BUMD cannot carry out legal actions that should be carried out by a legal entity. This is in accordance with the provisions regulated in Article 402 paragraph (2) of Law Number 23 of 2014 concerning Regional Government. then the operational legal basis for adjusting the legal form of BUMD is the transitional provisions as intended in Article 405 of the Regional Government Law jo. Article 140 PP BUMD, namely all provisions of statutory regulations which are implementing regulations of Law 5/1962 and implementing regulations relating to BUMD are declared to still be valid as long as they have not been replaced and are not contradictory with provision in the Regional Government Law and PP BUMD. As well as procedures change in company status area become the newest form of BUMD that is with follow the process for establishing a BUMD in the Regulations Government Number 54 of 2017 concerning BUMD.